EB-1 VISA

The EB1 Green Card is an employment-based permanent residency category for distinguished experts and individuals with top achievements, outstanding professors and researchers, and multinational managers. This category is the most difficult to satisfy because of its requirements, but it is also the fastest. The EB-1 has three subcategories:

  1. The EB-1A Green Card is an employment-based permanent residency category for individuals that
  • Have extraordinary ability in the sciences, arts, education, business, or athletics which has been demonstrated by sustained national or international acclaim,
  • Seeks to enter the United States to continue work in the area of extraordinary ability
  • The alien’s entry into the United States will substantially benefit prospectively the United States.
  • This category does not require a job offer from the prospective U.S. employer.

 

  1. The EB-1B Green Card is an employment-based permanent residency category for outstanding Professors and Researchers. The candidate must demonstrate:
  • International recognition for his outstanding achievements in a particular academic field.
  • At least 3 years experience in teaching or research in that academic area.
  • That he will enter the United States in order to pursue tenure or tenure track teaching or comparable research position at a university or other institution of higher education.
  • This category requires a job offer from the prospective U.S. employer.

 

  1. The EB-1C Green Card is an employment-based permanent residency category for transferring a manager from a company abroad to U.S. subsidiary. Requirements:
  • The Candidate must have been employed outside the United States in the 3 years preceding the petition for at least 1 year by a firm or corporation and you must be seeking to enter the United States to continue service to that firm or organization.
  • The employment must have been outside the United States in a managerial or executive capacity and with the same employer, an affiliate, or a subsidiary of the employer.
  • The employer must have been doing business for at least 1 year, as an affiliate, a subsidiary, or as the same corporation or other legal entity that employed you abroad.
  • This category requires a job offer from the prospective U.S. employer.
EB-2 VISA

The EB-2 Green Card is an employment-based permanent residency category for Professionals with Advanced Degree or Exceptional Ability

The candidate must have finished university education (advanced degree) or have a degree of expertise significantly above ordinary peers (exceptional ability). The EB2 green card is divided into the following subcategories:

  1. EB-2 Advanced Degree can be applied for job positions that requires the candidate to have an advanced degree (master’s or doctorate) or a bachelor’s degree plus 5 years progressive work experience in the field.
  2. EB-2 Exceptional Ability is for candidates that are able to show exceptional ability in the sciences, arts, or business.

 

The candidate must meet at least three of the criteria below:

  • Official academic record showing that that candidate has a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to your area of exceptional ability
  • Letters documenting at least 10 years of full-time experience 
  • A license to practice profession or certification for respective profession or occupation
  • Evidence of salary or other remuneration for services that demonstrates exceptional ability
  • Membership in a professional association(s)
  • Recognition of achievements and significant contributions to the respective industry or field.
  • Other comparable evidence of eligibility
EB-2 NIW

The EB-2 National Interest Waiver (NIW) is a self-petition that waiver the need of job offers. This category can be filed by researchers, entrepreneurs, exceptional artists or businessmen who demonstrate significant benefits for the United States. The requirements are:

  • Advanced Degree or
  • Exceptional Ability
  • In addition, it is necessary to demonstrate that it is in the national interest that the candidate work permanently in the United States. 
  • This visa category waivers the Labor Certification process in the Department of Labor because it is in the interest of the United States. Therefore, the EB-2 NIW has a significantly shorter processing time.

 

EB-3 VISA

The EB-3 Green Card is an employment-based permanent residency category. The EB-3 Green Card is less rigid in qualifying requirements compared to EB-1 and EB-2 categories.

  • All petitions require a permanent, full-time job offer and sponsorship from U.S.
  • The candidate must be performing work for which qualified workers are not available in the United States. 
  • The PERM labor certification must be approved at the Department of State.

 

The EB-3 Green Card has three categories:

  1. EB3-A is for “Skilled workers” are persons whose job requires a minimum of 2 years training or work experience.
  2. EB3-B is for “Professionals”, persons whose job requires at least a U.S. bachalor’s degree or a foreign equivalent and are a member of the professions.
  3. EB3-C is for Unskilled Workers (Other Workers), persons performing unskilled labor requiring less than 2 years training or experience because these type of jobs are not explored by US citizens and permanent residents (Nannies, waiters, industrial workers, rural workers, etc.)

 

The process is divided into two phases:

  • Department of Labor – to get a Labor Certification that authorizes the employer to hire a foreigner national.
  • USCIS – to actually file the petition for the EB3 visa and Green Card with requests for Work Permit, Travel Authorization, and Social Security Number.
EB-4 VISA

The EB-4 Green Card is specified as an employment-based green card for special immigrant religious workers, broadcasters, Iraqi / Afghan translators, Iraqis who have assisted the United States, international organization employees, physicians, armed forces members, Panama Canal zone employees, retired NATO-6 employees, as well as spouses and children of deceased NATO-6 employees. The EB-4 Visa Requirements are:

  • The petitioner can file without an employer
  • Must have been a worker for the religious denomination for a minimum of two years.
  • The applicant is required to be entering the United States as:
  • A priest or minister of religious denomination 
  • A professional or nonprofessional religious occupation. This also includes religious vocation which is a calling/devotion to a religious lifestyle.
EB-5 VISA

EB-5 Green Card is a very popular visa for investors investing in some project that will potentially be beneficial to the US. The EB-5 guarantees permanent residence and U.S. citizenship later

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